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Navy Pays Lost Profits For Misappropriating FSS Contractor's Data

Client Alert | less than 1 min read | 03.10.04

In Data Enterprises of the Northwest v. GSA, GSBCA No. 1560 (Feb. 4, 2004), the GSBCA determined that the Navy had breached its FSS contract with a supplier of commercial software when it used the contractor's proprietary software documentation and data dictionary to develop competing software. The board granted the contractor lost profits on contract sales of its commercial software that it would have made absent the breach, through 2006.

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Client Alert | 3 min read | 11.13.26

Massachusetts Trade Secret Preliminary Injunctions: Prove the Harm, Tailor the Relief

A strong trade secret claim is not a substitute for proof of irreparable harm. In Daikin Applied Americas Inc. v. Russo, No. SJC-13881 (Mass. Oct. 14, 2026), the Massachusetts Supreme Judicial Court held that likely success on a misappropriation claim does not create a presumption of irreparable harm. The court grounded its ruling in both the Massachusetts Uniform Trade Secrets Act and the traditional equitable principles the statute incorporates. It required a case-specific showing that the requested relief would prevent harm that a final judgment could not adequately remedy. ...